HomeMy WebLinkAboutORD 36-YAN ORDINANCE
AN ORDINANCE PROVIDING FOR THE RECONSTRUCTION
AND MAINTENANCE OF THE'PORTION OF U. S. HIGHWAY
NO. 69 IN THE CITY OF BEAUMONT, TEXAS, AT THE
INTERSECTION WITH FRENCH DRIVE, HEREINABOVE
REFERRED TO AS "THE STREET PROJECT" AND AUTHOR-
IZING THE iAYOR_OF THE CITY TO EXECUTE AND THE
CITY CLERK TO AFFIX THE CORPORATE SEAL AND AT-
TEST THE SAME, A CERTAIN CONTRACT BETWEEN THE
CITY AND THE STATE OF TEXAS PROVIDING FOR THE
INSTALLATION, RECONSTRUCTION, MAINTENANCE,
EXISTENCE AND USE OF . THE SAID STREET PROJECT:
FOR THE INDEMNIFICATION OF THE STATE OF TEXAS,
BY THE CITY AGAINST ALL DAMAGES TO ADJOINING,
ABUTTING AND.OTHER PROPERTY, AND FOR EXPENSES
IN CONNECTION WITH ANY CLAIM OR SUIT THEREOF:
AND DECLARING AN EMERGENCY -AND PROVIDING THAT
THIS ORDINANCE SHALL BE EFFECTIVE FROM AND
AFTER ITS PASSAGE.
WHERE -Fig, the public convenience, safety and necessity
of the City, and the people of the City require that the portion
of U. S. Highway No. 69 at.the intersection with French .Drive
be reconstructed. Since the existing street constitutes a dan-
ger and serious inconvenience to the public,- it is urgently re-
quired to be remedied; and
WHEREAS, the City has requested the State of Texas to
contribute financially in the street project; and
WHEREAS, the State of Texas has made it known to the
City that it will assist the City in the street project by fur-
nishing the necessary funds for actual construction, reconstruc-
tion and maintenance; and by supervising construction, providing
the City approves the plans, grades and alignment for said pro -
j ect; and
WHEREAS, the City, in consideration of the providing of
4;5p
said project, agrees -to indemnify the :State of Texas against all
damages or claims for damage to adjoining, abutting or other pro-
perty for which the State is liable, arising out of, incident to,
and in any way connected with the installation, the reconstruction,
the existence, the use and maintenance of the street project or
the passage and enforcement of this ordinance.
a
NOWF THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL:
Section 1.
That since the public convenience, safety and necessity
of the City and the people of the City require it, said street
shall be reconstructed.
Section 2.
That the State of Texas be and is hereby authorized to
enter upon reconstruct and maintain the street project at the
location and in the manner shown on the plans attached hereto
and marked 'Exhibit A" and made a part hereof in all respects.
Section 3.
.That nothing in this ordinance shall be construed to
obligate the State of Texas to pay any direct, incidental, or
consequental damages to adjoining, abutting or other property
in enforcement of this ordinance or by reason of the installation,
reconstruction, existence, use_and maintenance of the street
project authorized herein.
Section 4.
For and in consideration of the mutual covenants here-
in contained, the City does hereby agree to indemnify the State
of Texas against all damages and claims for damages to.adjoining,
abutting, or other project for which the State of Texas is liable,
arising out of, incident to, or in any way connected with the
installation, the reconstruction, existence, use and maintenance
of said street project and does hereby agree to indemnify the
State of Texas against all court costs, attorneys' fees and all
expenses in connection with suits for such damages, and shall,
if requested to do so in writing, assist or relieve the State
of Texas from defending any such suits brought against it.
Section 5.
Nothing contained herein shall ever be construed to
place upon the State of Texas any manner of liability for injury
to or death of persons or for damages'to, or loss of property
arising out of or in any manner connected with the maintenance
or use of the street project and the City will save the State
of Texas harmless from any damages arising out of said maintenance
and/or use of said street project.
Section G.
The Mayor of the City be and is hereby authorized to
execute for and on behalf of the City an agreement and contract
with the State of Texas in accordance with and for the purpose
of carrying out the terms and provisions of this"ordinance, in
the form attached hereto and marked "Exhibit B". The City Clerk
is hereby directed to attest the agreement and contract and to
affix the proper'seal of the City hereto.
PASSED by the City Council this 2.9th day of September,
A. D., 1953.
J;
ARI ORDIVAECE
AN OTMUNAI`ICE PROVIDIPTC POI, J'tTE RECOMTRU_ CTIOY,
AI:40 ?'U INTEFANCE OF UiE PORT10F Or U. S. HIGHWAY
NO. 69 I.7 THE CITY OF BEAT.rI 0111T, TEXAS, AT THE
II3TERSUMON WIiI% FRENIC11 DRIVE, HEREINABOVE
'F 'EPRUD TO AS ."THE SPREE' PROJECT" AICD �1Vi HOP-
I J
IZTI.:G ME MAYOR OF THE CITY TO EYECME AND THE
CI`T'Y CLEC . TO AMID" T"iE CORPORATE SEAL MEM AT-
TEST THE 00AITM, A CERTAIN CON TRACT' BLTWEEN T.HL
CITY AND THE =E OF TihA PROVID1110 FOR TIM
INSTALLATIO.I, RECONSTRUCTION, :IAI:IfiEMA1NCE,
EXISTENCE A.1,D LIE OF T'HE 2AID S`"'REET PROJECT:
FOR THEI 11'D JIIIFICATION OF TIME STATE OF `?' EMO#
PJ 'i?I-IE CITY AG INS- ALL DMIAGE i TO ADJOINING,
ADt1TTIIM, A11U OTHER PROPERTY, AND FOR MPENSES
ICY COTSDECTION WI` I-1 Alvi`l. CLAII-7 012. SUIT `.MLFcEOF;
AI1D DECLARING. AN =UGENCY AN'D PROVIDI1,G '.MAT
THIS SHALL --LIE EFFECTIVE FPO�i Ai;D
AFTEP ITS PASSACE.
?ilHIMREAS, the public. 'convenience, safety and necessity
of the City, and the people of the City require that the portion
of U. S. Highway ?'o. 52, at the intersection with rronch Drive
be recd struc-ted. i,ince .2c e=Licting street conatitutes a dan-
ger and serious inconvenience to the public, it is urgently xe-
qui red to be reraediod; and
T� ir?�EAS, the City ha.s requested the State of Texas to
contribtito financially in thea sCieet project; and
I.1iIII?EA`� the State of Texas Inas iaade it mown to the
City that it, -will assist the City in the street project by fur-
nishing the necessary funds for actual construction, reconstruc-
tion and maintenance; and by supervising construction, providing
the City approves the plans, grades and alignment for said pro-
ject; and
ITHET?EA , the City, in consi enation of the providing of
said project, agrees to indemnify the State of Texas against all
damages or claims for damage to a1djoining, abutting or other pro-
perty for which the St,�ta � s li 1. J. arising out of, incident to,
and in any way connected with the installation, the reconstruction,
the existence, the use and naintcnance of the street project or
the passage and enforcement of this ordinance.
NOW# THEREFORE, BE IT -ORDAINED BY TIRE: CITY -COUNCIL.-'
Section 1:.
.'hat since the public convenience,safety and necessity
of the'City and the people of the City require.it, said street
shall be reconstru.ct.ed:
Section 2.
That,the State_of 71exas be and is he-reby authorized to
enter upon reconstruct. and. maintain the street ..project at the
location and in',the manner ahown on the plans attached hereto
and marked 113 Mbit A" and nado ,'a part. hereof . in ' all' respects.
That nothing in this ordinance .shall k�e construed to
obligate . the - State of Teas to- pay any .dizect, -incidental; or -
consequeiital damages":to Adjoi+nij,.` abutting. or other` proporty_ .,
in enfor(cement' of this ,_ordinance , or by reason of -the inytall.ation,
reconstru.ctio�ty,'ex•istences, Ase.'and maintenahc..e)'ofthe. street
project authorized.herein.
= Section: .4...
For .ani. in consideration of the mutual- covenants. here-
-in contained, the: City does .hereby agree to indemnify' the: State.
of Texas against all damages. and claims for damages, to adjoining,
abutting,. or ,other project for : which" the State of. Texas is liable,
arising out of, incident- to,- or in any way - connected with them
installation, the reconstruction, existence, use.: and maintenance
of said street'•.pro ject 'and does hereby agree to indemnify -the
State 'of '. Texas against all -court costs; attorneys' . fees. and all
expenses in connectioin with suits -for :such damages, and shall,-
if
hall,-if requested -,,to, do " so in. writing; -assist ' or relieve ",the. State
of Texas frort.defending'.any such, suits brought against it.
Section 5. ;.
Pvothing contained herein shall ever bre construed to.
place' upon. the 'State of. Texasany, manner of liability- for injury.,
to: or ,death of, persons or for.:da cages to, or loss of property
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UITC`.IVE CD
a
y(�
W TLAO,33, the pu::lic convenience, safety and necessity
of the City, and the people of the City require that the portion
of :7. �,ighway 'Vo. bis at Elie intersection with ^renth Drive
!Ac reconstructed. L'31in.ce tine street constita-ites at dc-m-
r,er and seriolas inconvenience to the pU lic, it is urgently re-
quired to be remedied.; ands
the Cita- Ms rccpzesteri the 4tate pf T" exa,3 to
contribute financially in the street project; and-
the
nd
the hate of `�'exas has made it mown to t' --?.e
City that it will assist the 6 ity in the street prof e&. f y, fur-
nishinu the necessanr funds for actual construction, reconstrac-
tion and :aaintenance; anJ by supervising construction, provLlim-;
t"ie City approves the plans, grades and aliome+it +or said pro-
ject; and
W IE;IEA~:, the City, in consideration of the providing of
saikl project, agrees to irndei:Ariify the .3tate of Texas against all
dai:ages or clairis for dai. ai ,e to adjoining, oininci, abut ting or other pro-
perfy for w1nic_^, the utate is liable, ariainr out: of, incident to,
and. in any way coru,ecteu write the installation, t' o reconatruation,
the existence, the use anflzaintanance of the street project or
the, passage and enforcenant of this orclinance.
li
C,� L d-
Vf`i+ '�rli�'� F i)Q , ..L 1T, V:'.4'-iI' ell ;� Y ', �� 1�:�'' CO7i�i
ell
Section 1..
T'ha t since the p l-l.ic canvenience, safety anri necosaity
Of the City and tete people of thG City require it, said street
shall :.tee reconstracte,.y.
Jection 2.
filiat the Sitate of "exas he' and is hereby authorized to
eater upon reconstruct enc.` maintain the street project at tho
location an in the fanner shoem on the plans attached hereto
e�IZ�+ r arktie<j "Ey-hib-it A' ana made a part hereof in all respects.
Section 3.
That noV ing ire t!hi;� ordinance shall be constru&ci to
obli nate t'Lc Mate of :texas to pay an-, direct. incidental, or
consequental danares to adjoining, n;hutting or other property
in, onforcement of this ordinance or by reason of the installation.
reconstruction, existence, use and ni aintenal.ce of the street
project authorized 'herein.
.,cct.i.on 4.
?or and in considlerati.on, of the mutual, covenant, hero-
in eosztainea, the City does hereby agree. to indemnify the Mate
of *texas against all danar-,os and cl.ains for dar-ages to adjoi.ningv
al�uttinr�, or other project for 7X-lich the :,tate of eras is lidIblo,
arisznr out of, incirlent to, or ith any gray connected with t1he
installation, the reconstruction, existence, use and � ihtenanco
a;: said street .-project and c'oes ':ereby agree to indem-nify the
:;•Late o `�'exas anIF Inst all court. costs, attorneys' Pecs an all
c,:penses in conae:ction with uuits for such =ageo, ani shall,
i s requested to old so in writing, assist or relieve the c2ta.te
ref 'I exaa f rom def e�nc i niq. any such suits, jrou�_iht ac,jainst it.
Section 5.
":cit?^i contained 1,orcin s�lall, cover be' construed to
place upon the Mate of e i n a a any :tanner of liability for injury
to or death of parsons or for damwa es to, -or Ions of Orope. rty
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